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What is NYC ZR § 23-06?

Quick Answer

This section outlines the applicability of bulk regulations for certain zoning lots in R6 through R12 Districts without a letter suffix, particularly when demolition or disposition requires HUD approval. It specifies conditions under which sky exposure plane regulations apply and sets limitations on height and setback modifications. Applies to property developers and owners in specified zoning districts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 23-06 Applicability of Bulk Regulations for Certain Sites

ZR § 23-06

In R6 through R12 Districts without a letter suffix, on zoning lots where demolition or disposition is subject to approval from the U.S. Department of Housing and Urban Development (HUD) under section 18 of the Housing Act of 1937, the provisions of this Section shall apply.

For developments or enlargements of residences other than qualifying senior housing or MIH developments on MIH sites:

on zoning lots where the height of any existing building containing residences exceeds the heights for zoning lots containing standard residences set forth in Section 23-432, the regulations for sky exposure plane buildings set forth in Section 23-73, inclusive, shall apply, and shall not be optional; and

on zoning lots where the height of all existing building containing residences are less than or equal to the heights for zoning lots containing standard residences set forth in Section 23-432, the bulk regulations for residential buildings of this Chapter applicable to non-sky exposure plane buildings may be applied, except that: the height and setback modifications for eligible sites set forth in Section 23-434 shall not apply; and the minimum distance between buildings two of more buildings on the same zoning lot that are not connected at any level shall be governed by the provisions of paragraph (c) of Section 23-735. Notwithstanding the provisions of Section 23-05, the use of this Section shall not necessitate the utilization of all other provisions for sky exposure plane buildings unless other provisions of Section 23-73, inclusive, are applied.

the height and setback modifications for eligible sites set forth in Section 23-434 shall not apply; and

the minimum distance between buildings two of more buildings on the same zoning lot that are not connected at any level shall be governed by the provisions of paragraph (c) of Section 23-735. Notwithstanding the provisions of Section 23-05, the use of this Section shall not necessitate the utilization of all other provisions for sky exposure plane buildings unless other provisions of Section 23-73, inclusive, are applied.

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